Alaska Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
Alaska does not require any specific or statutory lien waiver form. Any form may be used.
Notarization Not Required
Alaska lien waivers are not required to be notarized, and there is no specific benefit to doing so.
Cannot Waive Rights in Contract
Alaska does not allow lien rights to be waived prior to furnishing the labor or materials for which the rights are to be waived. Waivers in advance of work are not allowed.
Can Waive Rights Before Payment
The answer is yes. If the waiver is explicit, a contractor or supplier can sign a lien waiver before payment in Alaska and give up lien rights. Except this does not apply to individual laborers, who may not waive lien rights before payment.
Alaska lien waivers are mostly unregulated. This doesn’t mean that anything goes.
In Alaska, there aren’t specific laws that detail how lien waiver exchanges should occur. The state, for example, does not provide lien waiver form templates. Parties on an Alaska construction project, therefore, have some freedom to choose the exact format and language of lien waivers.
However, there are some limitations on how and when contractors, subcontractors, and suppliers can waive their lien rights in Alaska. Since lien rights are a policy right of contractors and suppliers, states have protections in place to make sure those rights aren’t unfairly side-stepped. The lien waiver exchange is a moment when lien rights get tricky. Alaska does have some limited protections around the rights of the parties, even though it does not have specific regulations on the lien waiver document and exchange process itself.
In Alaska, like everywhere, construction stakeholders must be mindful of the impact of a lien waiver. Though the documents are routinely exchanged, they can be consequential. The resources, forms, guides, and frequently asked questions about Alaska Lien Waivers on this page will help you get it right.